State v. Fowers
265 P.3d 832
Utah Ct. App.2011Background
- Fowers was charged with two counts of criminal solicitation arising from interactions with two fifteen-year-old boys, K.C. and T.R., tried together.
- K.C. testified that Fowers offered rides to school and solicited sexual activity in exchange for money during early 2009.
- T.R. testified that Fowers offered money for oral sex after attempting to solicit him at two different times and places.
- The State sought to admit a twenty-five-year-old sodomy conviction; the trial court initially declined, deeming it prejudicial under Rule 403.
- During trial, defense opened the door to questioning about the prior conviction, and Fowers testified; closing arguments linked bisexuality to pedophilia.
- The jury found Fowers guilty of the K.C. solicitation count and not guilty on the T.R. count; Fowers appeals claiming ineffective assistance and related errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance from eliciting prior conviction | Fowers | Fowers | Remanded for new trial; prejudice shown |
| Prosecutor's closing remarks linking bisexuality to pedophilia; failure to move for mistrial | Fowers | State | Remand for new trial; prejudicial error |
| Joinder of charges for two minors' solicitation counts | Fowers | State | Not decided due to prejudice ruling; remand focused on K.C. charge |
Key Cases Cited
- State v. Banner, 717 P.2d 1325 (Utah 1986) (prior sexual offenses highly prejudicial)
- State v. Gentry, 747 P.2d 1032 (Utah 1987) (remanding for new trial when prejudicial prior acts admitted)
- State v. Snyder, 860 P.2d 351 (Utah Ct.App. 1993) (prejudice from admissions in child-sex case)
- State v. Cahoon, 203 P.3d 957 (Utah 2009) (double jeopardy; joinder context specifics)
- State v. Munguia, 253 P.3d 1082 (Utah Supreme Court 2011) (ineffective assistance framework and prejudice showings)
- State v. Banner, 717 P.2d 1325 (Utah 1986) (evidence of prior crimes; impact on credibility)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Nicholls v. State, 2009 UT 12 (Utah 2009) (defendant must show deficient performance and prejudice)